Because, either they are a common carrier or they aren't. If they are a common carrier, they shouldn't be deciding, but they are also not liable. If they are no

Because, either they are a common carrier or they aren't. If they are a common carrier, they shouldn't be deciding, but they are also not liable. If they are not a common carrier, they can do what they want, but it carries done liability. Problem is, they want it both ways, decide and have no liability.